R17-123 RESOLUTION R17-12 3
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AN AGREEMENT WITH PALM BEACH COUNTY
• FOR THE MONETARY ASSESSMENT FOR AQUATIC
• MANAGEMENT SERVICES OF THE PRIVATE LAKE SHORE
HAVEN CANALS AND FOUR PRIVATE CANALS IN LAKE EDEN
PLAT FOUR AS PART OF PALM BEACH COUNTY'S MSTU
PROGRAM; AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
• WHEREAS, as part of Palm Beach County's Municipal Service Taxing Unit (MSTU)
program, the City of Boynton Beach and the County will enter into an agreement for monthly
aquatic management services, including monthly algae, border grass, and invasive exotic plant
• control along approximately 2,000 linear feet of private Lake Shore Haven Canal in the Lake
• Haven Subdivision east of Diane Drive and four private canals in Lake Eden Plat Four south of
Mission Hill Road; and
WHEREAS, the City will be responsible for funding and facilitating the program and
the County will assess the property owners for the cost of the program and transfer the collected
• o funds to the City; and
WHEREAS, this agreement will provide a process for maintaining the private canals
with funding by each of the property owners through a property assessment by Palm Beach
County; and
WHEREAS, the City Commission upon recommendation of staff, deems it to be in the
. best interest of the citizens and residents of the City of Boynton Beach to authorize the Mayor
. to sign an Agreement with Palm Beach County for the monetary assessment for aquatic
management services of the private Lake Shore Haven Canals and four private canals in Lake
Eden Plat Four as part of Palm Beach County's MSTU program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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B each.8000.1.Agreement_W ith_PBC_(MSTU_For_Canals)_-_Reso.Doe
50 THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
3 2 being true and correct and are hereby made a specific part of this Resolution upon adoption
Z 3 hereof.
5A Section 2. The City Commission approves and authorizes the Mayor to sign an
55 Agreement with Palm Beach County for the monetary assessment for aquatic management
6 services of the private Lake Shore Haven Canals and four private canals in Lake Eden Plat Four
7 as part of Palm Beach County's MSTU program, a copy of the Agreement is attached hereto
8 and made a part hereof as Exhibit"A".
Section 3. That this Resolution shall become effective immediately upon passage.
40 PASSED AND ADOPTED this J#' day of &cede—y- , 2017.
4CITY OF BOYNTON BEACH, FLORIDA
42 YES NO
3
44 Mayor—Steven B. Grant
45
4 6 Vice Mayor—Justin Katz
4 8 Commissioner—Mack McCray
49
50 Commissioner—Christina L. Romelus
E 2 Commissioner—Joe Casello
53
5" 5-0
55 VOTE
56 ATTEST:
5.
58 _
60 Ju.// jrMC/
A. Pyle, Cr u
6' Ci k
62 • .,
63 IM-eo'rz4 •
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Beach.8000.I.Agreement_With_PBC_(MSTU_For_Canals)__Reso.Doc
(City Seal)
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Beach.8000.1.Agreement_W ith_PBC_(MSTU_For_Canals)_-_Reso.Doc
Ra01 ® 368 APRIGZ01S
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
PALM BEACH COUNTY,FLORIDA
FOR
THE MONETARY ASSESSMENT FOR THE AQUATIC MANAGEMENT SERVICES
OF THE PRIVATE LAKE SHORE HAVEN CANALS AND FOUR PRIVATE CANALS
IN LAKE EDEN PLAT FOUR
THIS AGREEMENT is made and entered into this ta. day of 'czey,..\0 e,. , 201"i
by and between the City of Boynton Beach, a municipality in the State of Florida, (CITY),
and Palm Beach County, a political subdivision of the State of Florida, by and through its
Board of County Commissioners, (COUNTY) (collectively "parties" and individually
"party").
iF
WITNESSETH:
WHEREAS, the COUNTY and the CITY are authorized to enter into this
AGREEMENT pursuant to Chapter 163, Florida Statutes, as amended, which permits local
governmental units to make the most efficient use of their powers by enabling them to cooperate
with other localities on a basis of mutual advantage; and
WHEREAS, the CITY has requested the COUNTY to facilitate an assessment process
per COUNTY Code, Chapter 26 — Special Districts, Article II, Municipal Service Taxing Units
(MSTU) for monthly aquatic management services including monthly algae, border grass and
invasive exotic plant control plan along approximately 2,000 linear feet of private Lake Shore
Haven Canal in the Lake View Haven Subdivision (Exhibit A) and in four private canals in Lake
Eden Plat Four(Exhibit B),hereinafter referred to as the PROJECT; and
WHEREAS,the CITY will cause to be prepared, scope of services and specifications for
the purpose of providing TEN (10) years of monthly aquatic management services for the
PROJECT; and
WHEREAS, the CITY is desirous of funding and facilitating the PROJECT if at least
51% of initial petitions returned by the benefitting property owners agree to the PROJECT; and
WHEREAS, the COUNTY is agreeable to assessing the property owners benefitting
from the PROJECT over a TEN (10) year period at an interest rate not to exceed 5.5% per
annum, and transferring the collected funds to the CITY; and
WHEREAS, the CITY is agreeable to including the COUNTY administrative fees in the
funding of the PROJECT.
Page 1of7
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
The above recitals are true and correct and hereby adopted and incorporated herein.
1. COUNTY Responsibilities:
A. The COUNTY will petition the benefitting property owners within the PROJECT
boundary to determine if a majority (51%) of the returned petitions are in favor of
being assessed by the COUNTY for the PROJECT.
B. Notify the benefitting property owners, by letter, of their proposed assessment when
the CITY receives bids, and the PROJECT costs, including Palm Beach County
Property Appraisers', Office of the Clerk & Comptrollers' and Tax Collectors' fees,
are known, and the Public Hearing date scheduled before the Palm Beach County
Board of County Commissioners (BCC).
C. Hold a Public Hearing in the COUNTY Commissioners' chambers before the BCC to
establish and confirm the benefitting property owners' assessment.
D. Provide the CITY with a list of benefitting property owners based on the assessment
roll approved at the COUNTY Public Hearing.
E. Transfer the assessments collected to the CITY on the first workday of each quarter
of the calendar year.
2. CITY Responsibilities:
A. Oversee the PROJECT at the CITY'S sole cost.
B. Participate in the Public Hearing before the BOARD to answer any questions.
C. Reimburse the COUNTY for costs incurred during the administration of the MSTU
assessment program for the PROJECT, including but not limited to staff costs, initial
petition process, public hearing process and mailing costs, at the following lump sum
for each milestone achieved:
Initial Petition process Completion: $2,500, regardless of the outcome of the
petitions;
Public Hearing process and Final Assessment Roll filed: $2,500.
The CITY shall pay to the COUNTY compensation as set forth above within thirty
(30) days of receiving written notification from the COUNTY of completion of the
above milestones. COUNTY will not proceed with work for the next milestone until
payment of the previous milestone is received.
3. PERSONNEL:
All of the PROJECT services required herein shall be performed by the CITY's
contractor and will be overseen by CITY personnel. All personnel engaged in
performing the services shall be fully qualified and, if required, authorized or permitted
under state and local law to perform such services.
As provided in Section 287.132-133, Fla. Stat., by entering into the agreement or
performing any work in furtherance hereof, CITY certifies that its' affiliates, suppliers,
contractors, sub-contractors and consultants who perform work hereunder, have not been
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placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof. This
notice is required by Section 287.133(3)(a), Fla. Stat.
4. INDEMNIFICATION:
Each Party shall be liable for its own actions and negligence and, to the extent permitted
by law, County shall indemnify, defend and hold harmless City against any actions,
claims or damages arising out of County's negligence in connection with this Agreement,
and City shall indemnify, defend and hold harmless County against any actions, claims,
or damages arising out of City's negligence in connection with this Agreement. The
foregoing indemnification shall not constitute a waiver if sovereign immunity beyond the
limits set forth in Florida Statutes, Section 768.28, nor shall the sand be construed to
constitute agreement by either party to indemnify the other party for such other party's
negligent,willful or intentional acts or omissions.
5. NOTICE:
All notices, requests, consents and other communications required or permitted under
this Agreement shall be in writing and shall be hand delivered by prepaid express
overnight courier of messenger services, or mailed by registered or certified mail to
the following addresses:
COUNTY Palm Beach County Engineering Department
Attention: Tanya N. McConnell, P.E.
Deputy County Engineer
P.O. Box 21229, W. Palm Beach, FL 33416
CITY City of Boynton Beach Public Services
Attention: Colin Groff,PE
Assistant City Manager—Public Services
100 E Boynton Beach Blvd.,
Boynton Beach, FL 33435
If either party changes its mailing address of designated recipient for notices, such change
shall be communicated in writing to the other party within thirty(30) days of the change.
6. MISCELLANEOUS PROVISIONS
A. REMEDIES:
This Agreement shall be governed by the laws of the State of Florida. Any legal action
necessary to enforce the Agreement will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity, by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof. The failure of any party to
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insist on a strict performance of any of the terms and conditions hereof shall not be
deemed a waiver of any subsequent breach or default in any terms and conditions.
B. THIRD PARTY BENEFICIARIES:
No provision of this Agreement is intended to, or shall be construed to, create any third
party beneficiary or to provide any rights to any person or entity not a party to this
Agreement, including but not limited to any citizen or employees of the COUNTY and/or
CITY.
A. ARREARS:
The CITY shall not pledge the COUNTY's credit or make it a guarantor of payment or
surety for any agreement, debt, obligation,judgment, lien, or any form of indebtedness.
The CITY further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this Agreement.
D. ACCESS AND AUDITS:
The CITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the work for at least three (3) years after
completion or termination of this Agreement. The COUNTY shall have access to such
books, records, and documents as required in this section for the purpose of inspection or
audit during normal business hours, at the CITY's place of business.
Palm Beach County has established the Office of the Inspector General in Palm Beach
County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's
authority includes but is not limited to the power to review past, present and proposed
County agreements, transactions, accounts and records, to require the production of
records, and to audit, investigate, monitor, and inspect the activities of the CITY, its
officers, agents, employees, and lobbyists in order to ensure compliance with agreement
requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any
investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440,
and punished pursuant to Section 125.69, Fla. Stat., in the same manner as a second-
degree misdemeanor.
E. NONDISCRIMINATION:
The CITY will include in the aquatic management contract that, the Contractor warrants
and represents that all of its employees are treated equally during employment without
regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status,
familial status, sexual orientation, gender identity and expression, or genetic information.
F. SEVERABILITY:
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provision, to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected, and
Page 4 of 7
every other term and provision of this Agreement shall be deemed valid and enforceable
to the extent permitted by law.
G. ENTIRETY OF AGREEMENT
The COUNTY and the CITY agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Agreement
may be added to, modified, superseded or otherwise altered, except by written instrument
executed by the parties hereto.
F. ATTORNEY FEES:
Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and conditions of this Agreement shall be borne by the
respective parties; provided, however, that this clause pertains only to the parties to the
Agreement.
I. GOVERNING LAW AND VENUE:
This Agreement and all transactions contemplated by this Agreement shall be governed
by, and construed and enforced in accordance with, the laws of the State of Florida
without regard to any contrary conflicts of laws principle. Venue of all proceedings in
connection herewith shall be exclusively in Palm Beach County, Florida, and each party
hereby waives whatever their respective rights may have been in the selection of the
venue.
J. LIABILITY:
The parties to this Agreement shall not be deemed to assume any liability for the
negligent or wrongful acts, or omissions of the other party(or parties).Nothing contained
herein shall be construed as a waiver by the parties, of the liability limits established in
Section 768.28, Fla. Stat.
K. LAWSUITS:
CITY shall promptly notify COUNTY of any lawsuit-related complaint, or cause of
action threatened or commenced against it, which arises out of or relates, in any manner,
to the performance of this Agreement.
L. DEFAULT:
The parties expressly covenant and agree that in the event any of the parties is in default
of its obligations under this Agreement, the parties not in default shall provide to the
defaulting party thirty (30)days written notice before exercising any of their rights.
M. JOINT PREPARATION:
The preparation of this Agreement has been a joint effort of the parties, and the resulting
document shall not, solely as a matter of judicial constraint, be construed more severely
against one of the parties than the other.
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N. BINDING EFFECT:
All of the terms and provisions of this Agreement whether so expressed or not, shall be
binding upon, inure to the benefit of, and be enforceable by the parties and their
respective legal representatives, successors and permitted assigns.
O. HEADINGS:
The headings contained in this Agreement are for convenience of reference only, and
shall not limit or otherwise affect in any way the meaning or interpretation of this
Agreement.
P. COUNTERPARTS:
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
Q. ASSIGNABILITY:
This Agreement may not be assigned without prior written consent of all parties to this
Agreement,provided such consent may not be unreasonably withheld.
R. ANNUAL APPROPRIATION:
County's performance and obligation to pay under the Agreement is contingent upon an
annual appropriation by the Board.
S. FILING:
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County, Florida.
T. EFFECTIVE DATE:
This Agreement shall be effective as of the last date that it is signed by all parties hereto.
THIS SPACE LEFT BLANK
INTENTIONALLY
Page 6 of 7
EXECUTED by the CITY OF BOYNTON BEACH this 1 day of e..c_ , 2017.
(Authority Seal)
),k_si,,c%
ATTES : CITY O- B• _Aw► ON..:EACH
— 3/6 /Ar;Z.1d6br
Judith Pyle, CITY Clerk Steven B. Grant,Mayor
APPROVED A TO FO AND LEGAL SUFFICIENCY
/ 1/C- V6,/-
, CITY Attorney
EXECUTED by COUNTY this d#cF' 1 0 2018 , 201_.
(County Seal)
R 2018 0 368
ATTEST: PALM BEACH COUNTY, FLORIDA
SHARON R. BOCK, By ITS BOARD OF COUNTY
CLERK AND COMPT �IS� tom•.....�+ COMMISSIONERS
Q' BEAC ...eu:/
I' . `( ) \-(3i mt-1L.u.4.0_
v
Deputy Clerk J /,/�++'+0 kb... ..... _G' ' Melissa McKinlay, Mayor
APPROVED AS TO FORM APPROVED AS TO TERMS
AND . fill,/'� UFFICIENCY AND CONDITIONS:
ife
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A .sist.; t County Attorney Division Director
Page 7 of 7
AQUATIC MAINTENANCE SITE #8
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Map Created By:Greg Owens
Date:August 15th,2013
AQUATIC MAINTENANCE SITE #7
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Map Created By:Greg Owens
Date:August 15th,2013